HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4231t rn 0 0
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PLANNING COMMISSION RESOLUTION NO. 4231
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PROPERTY GENERALLY LOCATED AT 4240 SKYLINE
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SAUNDERS RESIDENCE
CASE NO.: CDP 97-47
WHEREAS, Mark Radford, “Developer”, has filed a verified applicl
the City of Carlsbad regarding property owned by Tim Saunders, “Owner”, described 2
COASTAL DEVELOPMENT PERMIT NO. CDP 97-47 ON
Lot 45 of Carlsbad Highlands No. 2, according to Map No.
2825, filed in the Office of the County Recorder on December
5,1951, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “E“ dated January 21, 1998, on 1
Planning Department, Coastal Development Permit CDP 97-47 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Janua
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered :
relating to CDP 97-47.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the COI
APPROVES Coastal Development Permit CDP 97-47, Saunders R
based on the following findings and subject to the following conditions:
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Findings:
1. That the proposed development is in conformance with the Mello I1 segmc
Certified Local Coastal Program and all applicable policies in that the developn
not obstruct views or otherwise damage the visual beauty of the coastal zor
agricultural activities, sensitive resources, geologic instability or coast:
opportunities exist on site.
2. The project site is not located in the Coastal Agriculture Overlay Zone, accl
Map X of the Land Use Plan, certified September, 1980, and, therefor
subject to the provisions of the Coastal Agriculture Overlay Zone (Chaptl
of the Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource P
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the prc
adhere to the City’s Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stec
exist on the property and the site is not located in areas prone to la
susceptible or accelerated erosion, floods or liquefaction.
4. The project site is not located between the sea and the first public road p:
the sea and, therefore, is not subject to the provisions of the Coastal $
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project is not located within the Mello I LCP Segment and is, there:
subject to the provisions of that segments Coastal Resource Overlay
described in Chapter 21.205 of the Zoning Ordinance.
6. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case,
exactions are imposed to mitigate impacts caused by or reasonably relatt
project, and the extent and the degree of the exaction is in rough proportio
the impact caused by the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Coastal Development Permit documents, as necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this app
2. The applicant shall apply for and be issued building permits for this proje(
two (2) years of approval or this coastal development permit will expir
extended pursuant to Section 21.201.210 of the Zoning Ordinance.
PC RES0 NO. 423 1 -2-
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3. Consistent with 21.203.040(4)(e), no grading shall be allowed during the v
season (October 1-April 1). If a building permit is issued during the F
season, erosion control measures shall be incorporated into the building p
exhibits, and installed and maintained on-site, to the satisfaction of tht
Engineerpublic Works Director.
Engineering Conditions:
Note: Unless specifically stated in the condition, all of the following engineering condit
be satisfied prior to the issuance of building permits.
4. Building permits will not be issued for development of the subject property I
District Engineer determines that sewer facilities are available.
5. Prior to issuance of any building permit, the develop shall comply with the req
of the City’s anti-graffiti program for wall treatments if and when such a p:
formally established by the City.
6. The developer shall pay all current fees and deposits required.
7. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
8. No grading shall occur outside the boundary of this parcel unless a grading
easement is obtained from the owners of the affected properties. If the applicant
to grant the grading or slope easement, no grading permit will be issued. In tha
applicant must either amend the site plan so grading will not occur outside tl
site in a manner which substantially conforms to the approved project as deter
the City Engineer and Planning Director.
9. Prior to hauling dirt or construction materials to or from the site, the develo
submit to and receive approval from the City Engineer for the proposed haul ro
developer shall comply with all conditions and requirements the City Engir
impose with regards to the hauling operation.
10. The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
1 1. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be re(
the City Engineer.
12. Rain gutter must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
PC RES0 NO. 4231 -3-
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13. The owner shall make an offer of dedication to the City for all public st
easements required by these conditions or shown on the site plan. All land :
shall be granted to the City free and clear of all liens and encumbrances and wi
to the City. Streets that are already public are not required to the rededicated.
14. Plans, specifications, and supporting documents for all public improvement:
prepared to the satisfaction of the City Engineer. In accordance with City Stan
developer shall enter into a Future Improvement Agreement to install and se
appropriate security as provided by law, improvements shown on the site pla
following improvements:
A. Frontage improvements to Skyline Road including offsite tri
Frontage improvements refer to half-street construction of:
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0 Asphalt/Concrete Pavement;
0 Concrete Curb and Gutter;
0 Street Light Standards;
0 Relocation of utilities or existing facilities.
e Concrete Sidewalk on one (1) side;
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of January, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, I-
Savary, and Welshons
I NOES: Monroy
2o // ABSENT:
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ATTEST:
MICHAEL J. HOLZMIL~R
Planning Director
28 /I PC RES0 NO. 423 1 -4-